BlackletterCalifornia law

Civil Code § 41

PART 1. PERSONS WITH UNSOUND MIND

Current as of September 28, 2026Civ. Code, § 41Official source ↗

Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.

A person of unsound mind, of whatever degree, is civilly liable for a wrong done by the person, but is not liable in exemplary damages unless at the time of the act the person was capable of knowing that the act was wrongful.